How do I file a personal injury claim against a California city or county for an injury on public property?

To file a personal injury claim against a California city or county, you must first present a formal written claim directly to the responsible public entity within six months of your injury. This is a mandatory prerequisite before you can file a lawsuit. Here is how to file a claim: Step 1: Identify the Responsible Public Entity Determine exactly which government entity—the city, the county, or another special district—is responsible for the property where you were injured. You can often find this information by visiting the location or by contacting the City Clerk or County Clerk's office. Step 2: Obtain the Government Claim Form Go to the public entity's website and search for "government tort claim form" or "risk management." You can usually download the form directly. Alternatively, you can request a physical copy from the City or County Clerk’s office. Step 3: Complete the Claim Form Accurately Fill out the form with all required information. This includes your name and contact details, the precise date, time, and location of the incident, a detailed description of what happened, a description of your injuries, and the total amount of money you are claiming for damages. Step 4: File the Claim Before the Deadline You must deliver the completed claim form to the correct public entity within six months of the date of your injury. It is highly recommended to file it via certified mail with a return receipt or deliver it in person and get a stamped copy as proof of filing. Step 5: Await the Government's Response The public entity has 45 days to review your claim and respond. It can either accept your claim, reject it in writing, or fail to respond, which is legally considered a rejection. Step 6: File a Lawsuit if Your Claim is Rejected If your claim is rejected, you then have the right to file a personal injury lawsuit in court. You must file this lawsuit within six months from the date the rejection notice was mailed to you. Important considerations: The purpose of the claim is to give the government notice and an opportunity to investigate and settle the matter. Your claim must describe a "dangerous condition of public property" that the entity knew about or should have known about. Note: The six-month deadline to file the initial claim is strict. Missing this deadline will almost certainly prevent you from recovering any compensation for your injury. These cases are complex because government entities have special defenses and immunities. This is general information and does not constitute legal advice. For complex situations, and to ensure all critical deadlines are met, consult with a qualified California attorney.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 88
Updated: August 17, 2025
Personal Injury

Accident claims, medical malpractice, and compensation rights

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